Constitutional Law

«On the Constitutional Council of the Republic of Kazakhstan»

 

Constitutional Law of the Republic of Kazakhstan

«On the Constitutional Council of the Republic of Kazakhstan».

29 December 1995, № 2737

 

Footnote. Form of the act and title are in the new edition, preamble is excluded, the words "by this Decree," "to this Decree," "this Decree" in the text has been replaced accordingly by the words "by this Constitutional Law," "to this Constitutional Law"," This Constitutional Law " by the Constitutional Law of the Republic of Kazakhstan № 604 dated November 24, 2004 (enforced on January 1, 2005).

 

  1. Chapter

General Provisions

 

Article 1. Status of the Constitutional Council

            The Constitutional Council as a state body which provides for the supremacy of the Constitution of the Republic of Kazakhstan in the entire territory of the Republic shall:

            1) be independent and separate from state bodies, organizations, official persons and citizens, subordinated only to the Constitution of the Republic and may not use political or any other motives when exercising its powers;

            2) exercise its powers, guided by the Constitution of the Republic and this Constitutional Law, abstaining from establishing and examining any other issues in any other cases when those are under the jurisdiction of the Courts or any other state bodies.

 

Article 2. Membership of the Constitutional Council

            The Constitutional Council shall consist of seven members including the Chairman of the Constitutional Council. Moreover, ex-Presidents of the Republic shall be life-long members of the Constitutional Council.

 

Article 3. Formation of the Constitutional Council

            1. The Chairman of the Constitutional Council shall be appointed and dismissed by the President of the Republic.

            2. Two members of the Constitutional Council shall be appointed by the President of the Republic, Chairmen of Chambers of the Parliament, Senate and Mazhilis shall accordingly be appointed by two members. Half of the members of the Constitutional Council shall be renewed every three years.

Footnote. Article 3 was amended by the Constitutional Law of the Republic of Kazakhstan № 41-IV dated 17.06.2008 (see Article 2 for the procedure of enforcing).

 

Article 4. Requirements Applicable to Candidate Members to the Constitutional Council

            1. A citizen of the Republic of Kazakhstan, not younger than thirty years who resides in the territory of the Republic and has higher legal education and the length of service lawyer profession for not less than five years may be appointed as a member of the Constitutional Council.

            2. The requirements established in paragraph 1 of this Article shall not apply to the ex-Presidents of the Republic.

 

Article 5. Term of Powers of the Constitutional Council Members

            1. Powers of the Chairman and members of the Constitutional Council shall last for six years.

            2. In case of the exit or expiry of the tenure, the Chairman and members of the Constitutional Council shall be replaced in accordance with the procedure established by the Constitution and this Constitutional Law.

            3. Positions of the Chairman and members of the Constitutional Council shall be replaced within one month from the date of the exit or expiry of the tenure of persons being in those positions.

            4. When the term of powers of the Chairman or members of the Constitutional Council expires within the period of consideration with their participation of an issue which is handled by the Constitutional Council, then their powers shall be retained until the final decision is taken.

 

Article 6. The Oath of the Chairman and Members of the Constitutional Council

            The Chairman and members of the Constitutional Council after their appointment, in a solemn event at the joint session of the Chambers of the Parliament shall be brought by the President of the Republic to swear an oath as follows: I solemnly swear to conscientiously discharge the duties of the Chairman (member) of the Constitutional Council of the Republic of Kazakhstan, to be impartial and subordinated only to the Constitution of the Republic of Kazakhstan and nobody and nothing aside from it.

 

Article 7. Sessions of the Constitutional Council

            1. Session of the Constitutional Council shall be valid if not less than two thirds of the membership of the Constitutional Council is present.

            2. Sessions of the Constitutional Council shall be called when necessary by the Chairman of the Constitutional Council and if he is absent - by the member of the Constitutional Council who substitutes for the Chairman of the Constitutional Council with his authorization.

 

Article 8. Constitutional Proceedings

            Deliberation and adoption of decisions on the issues which are fall within the authority of the Constitutional Council shall be carried out in accordance with Constitutional proceedings as established by the Constitution and this Constitutional Law.

 

Article 9. Legislation Concerning the Constitutional Council

            1. The status, jurisdiction, organization and operating procedures of the Constitutional Council shall be determined by the Constitution of the Republic and this Constitutional Law.

            2. With regard to issues of organization and operating procedures that are not regulated by the Constitution and this Constitutional Law, the Constitutional Council shall adopt Regulations of the Constitutional Council.

 

 

 

 

 

 

 

  1. Chapter

 

The Status of the Chairman and Members

of the Constitutional Council of the Republic

 

Article 10. Chairman and Members of the Constitutional Council as Officials of the State

            1. The Chairman and members of the Constitutional Council shall be state officials whose status is defined by the Constitution and this Constitutional Law, as well as regulatory legal acts concerning the state service to the extent not regulated by the Constitution and this Constitutional Law.

            2. Positions of the Chairman and members of the Constitutional Council shall not be compatible with the deputy` mandate, engagement in any other paid jobs except for teaching, science or creative activities, nor with performance of entrepreneurial activities, a membership in governing bodies or supervisory council of a commercial organization.

 

Article 11. Independence of the Chairman and Members of the Constitutional Council

            1. The Chairman and members of the Constitutional Council when they exercise their duties shall be independent and subordinated only to the Constitution and this Constitutional Law. No other acts shall be obligatory for them. Any interference with their activities as well as rendering of pressure or any other influence on them in any other form shall not be allowed and shall entail liability in accordance with the law.

            2. Activities of the Chairman and members of the Constitutional Council with regard to issues of constitutional proceedings shall not be accountable. No one shall have the right to require from them reports on issues of their duties performance.

            3. No one shall have the right to require, and the Chairman and members of the Constitutional Council shall not have the right, except at a session of the Constitutional Council, to express opinion or advice on issues which are subject to consideration of the Constitutional Council prior the adoption of final decision on them.

            4. During the period of powers, the members of the Constitutional Council shall not be replaceable. Their powers may not be terminated or suspended, except for the cases provided for by this Constitutional Law.

            5. The Chairman or a member of the Constitutional Council shall be obliged to announce his self-dismissal which is subject to satisfaction by the Constitutional Council, if his objectivity may cause doubts related to direct personal or indirect interest in the issue under consideration by the Constitutional Council.

            6. A member of the Constitutional Council shall not have the right to carry out defence or representation, except for legitimate representation in the court or any other law-applying bodies, render patronage to any persons with regard to the exercise of rights or release from duties.

 

Article 12. Inviolability of the Constitutional Council Members

1. The chairman and members of the Constitutional Council during their term of office cannot be detained, subjected to custody, house arrest, drive, administrative sanctions imposed in court, brought to criminal responsibility without the consent of Parliament, except in cases of detention at the crime scene or committing grave or especially grave crimes.

2. After the registration of the pretext to start the pre-trial investigation in the Unified Register of Pre-trial Investigations, the pre-trial investigation against the Chairman or a member of the Constitutional Council can be continued only with the consent of the Prosecutor General, who submits to the Parliament an idea of giving consent to criminalizing the Chairman or a member of the Constitutional Council. In cases where the Chairman or members of the Constitutional Council are detained at the scene of a crime or if a fact of preparation or attempt to commit a serious or particularly serious crime has been established or committed a serious or particularly serious crime, the pre-trial investigation against them can be continued until the approval of the Prosecutor General, but with a mandatory notification within 24 hours. Supervision of observance of legality during the investigation of the case is carried out by the Prosecutor General.

3. The Chairman and members of the Constitutional Council are not subject to disciplinary liability.

4. No one has the right to remove a member of the Constitutional Council from participating in a meeting of the Constitutional Council, unless his powers are suspended in accordance with this Constitutional Law.

Footnote.Article 12 as amended by the Constitutional Law of the Republic of Kazakhstan as of 04.07.2014 № 232-V (shall be enforced from the 01.01.2015).

 

Article 13. Equality of Rights of the Chairman and Members of the Constitutional Council

            The Chairman and members of the Constitutional Council shall have equal rights with regard to consideration of issues which are handled by the Constitutional Council and in the adoption of decisions on them, except for the cases provided for by paragraph 3 of Article 33 of this Constitutional Law.

 

Article 14. Suspension of Powers of the Chairman or a Member of the Constitutional Council

1. The powers of the Chairman or a member of the Constitutional Council may be suspended at the request of the Constitutional Council by the person who appointed him, if he:

1) did not participate in meetings of the Constitutional Council at least three times in a row without valid reasons;

2) for health reasons is not able to perform his duties for a long time;

3) recognized as missing by the decision of the court, which entered into force.

2. The powers of the Chairman or a member of the Constitutional Council may be suspended also if, in accordance with the procedure established by law, consent is given to his detention, detention, house arrest, drive, bringing to administrative or criminal responsibility, to initiate in court a corresponding petition for application compulsory measures of a medical nature, recognition as incompetent or a restriction in legal capacity.

3. The decision to suspend the powers of the Chairman or a member of the Constitutional Council shall be adopted no later than one month after the date on which the grounds for the suspension of powers are discovered.

4. The powers of the Chairman or a member of the Constitutional Council shall be suspended until the grounds for their suspension cease to exist.

Footnote.Article 14 as amended by the Constitutional Law of the Republic of Kazakhstan as of 04.07.2014 № 232-V (shall be enforced from the 01.01.2015).

 

Article 15. Termination of Powers of the Chairman or a Member of the Constitutional Council

      1. Powers:

      1) of the Chairman of the Constitutional Council shall be terminated by the President of the Republic;

      2) of a member of the Constitutional Council shall be terminated by the President of the Republic of Kazakhstan, the Senate of the Parliament, Mazhilis of the Parliament.

      2. Powers of the Chairman or a member of the Constitutional Council shall be terminated in consequence of the following:

      1) satisfaction of a resignation tender;

      2) accusative verdict on him is adopted by the Supreme Court and entered into legal force;

      3) he is recognized as incapable by a court decision which entered into legal force;

      4) he is recognized as deceased by a court decision which entered into legal force;

      5) his demise;

      6) failure to comply with the provisions specified by paragraph 2 of Article 10 of this Constitutional Law;

      7) breach of the oath, failure to comply with the Constitution of the Republic and this Constitutional Law, commission of a vicious act incompatible with his high status;

      8) appointment in violation of requirements established by the Constitution and this Constitutional Law;

      9) expiry of the tenure established by the Constitution;

      10) (is excluded according to Constitutional Law of the Republic of Kazakhstan № 41-IV dated 17.06.08 (see Article 2 for the procedure of enforcing).

      11) joining a political party or any other public association which pursues political objectives.

Footnote. Article 15 as amended by the Constitutional Law of the Republic of Kazakhstan № 41-IV dated 17.06.2008 (see Article 2 for the procedure of enforcing).

 

Article 16. Providing of the Activities of the Chairman and Members of the Constitutional Council

1. Salary to the Chairman and members of the Constitutional Council shall be established in accordance with the procedure provided for by subparagraph 9-1) of Article 66 of the Constitution of the Republic.

2. Housing and transport and other security, medical services and sanatorium treatment of the Chairman and members of the Constitutional Council shall be carried out in accordance with the procedure established by the President of the Republic.

Footnote.Article 16 with the amendment introduced by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

 

  1. Chapter

Jurisdiction of the Constitutional Council of the Republic and its officials

 

Article 17. Jurisdiction of the Constitutional Council

1. The Constitutional Council, in accordance with subparagraph 1) of paragraph 1 of Article 72 of the Constitution, decides in case of dispute the issue of the correctness of the conduct:

1) elections of the President of the Republic;

2) elections of deputies of the Parliament;

3) Republican referendum.

2. The Constitutional Council, in accordance with subparagraphs 2), 2-1), 3) of paragraph 1 of Article 72 of the Constitution, considers for compliance with the Constitution:

1) prior to the signing by the President of the laws adopted by Parliament;

2) resolutions adopted by Parliament and its Chambers;

3) international treaties of the Republic prior to their ratification.

3. The Constitutional Council in accordance with subparagraphs 4), 5) of paragraph 1 of Article 72 of the Constitution provides:

1) official interpretation of the norms of the Constitution;

2) prior to the adoption by Parliament respectively of the decision on the early dismissal of the President of the Republic, the final decision on the dismissal of the President of the Republic - an opinion on compliance with established constitutional procedures.

4. The Constitutional Council in accordance with:

1) Paragraph 2 of Article 72 of the Constitution considers appeals of the President of the Republic in the cases provided for by subparagraph 10-1) of Article 44 of the Constitution, as well as appeals of courts in cases provided for by Article 78 of the Constitution;

2) subparagraph 6) of Article 53 of the Constitution on the results of the generalization of the practice of constitutional proceedings annually sends to the Parliament a message on the state of constitutional legality in the Republic.

Footnote. Article 17 as amended by the Constitutional Law of the Republic of Kazakhstan as of 17.06.2008 № 41-IV (see Article 2 for the procedure of enforcing); from 15.06.2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 18. Other Powers of the Constitutional Council

            The Constitutional Council shall:

            1) within the bounds of its authority, have the right to require and receive documents, materials and any other information from all state bodies, organizations and the right to engage, in accordance with the established procedure, specialists for expert evaluations and scientific research work;

            2) make a petition for suspension of powers of the Chairman and members of the Constitutional Council and exercise any other powers established by this Constitutional Law.

 

Article 19. Powers of the Chairman of the Constitutional Council

            1. The Chairman of the Constitutional Council shall:

            1) direct the preparation of issues for consideration which is accepted by the Constitutional Council for processing;

            2) call sessions of the Constitutional Council, submit issues which are accepted for processing to be considered at those sessions, and chair the sessions of the Constitutional Council;

            3) assign duties to the members of the Constitutional Council and organize the work of the members of the Constitutional Council and its apparatus;

            4) define measures to provide for holding sessions;

            5) announce the message from the Constitutional Council on the status of constitutional legitimacy of the Republic at a joint session of the Chambers of the Parliament;

            6) pursuant to the demand of the President of the Republic, submit to him information on the status of constitutional legitimacy of the Republic;

            7) sign decisions and minutes of meetings of the Constitutional Council;

            8) submit to the Constitutional Council Rules of the Constitutional Council for its approval;

            9) approve Regulations on the apparatus of the Constitutional Council as well as the structure and the personnel of the apparatus of the Constitutional Council within the allocated budget;

            10) appoint and dismiss employees of the apparatus of the Constitutional Council;

            11) exercise any other powers in accordance with this Constitutional Law and Rules of the Constitutional Council.

            2. Within his authority the Chairman of the Constitutional Council shall adopt orders and ordinances.

 

  1. Chapter

Constitutional Proceedings

 

Article 20. Participants of Constitutional Proceedings

1. Participants in the constitutional proceedings shall be recognized as individuals and bodies whose applications have instituted constitutional proceedings:

1) the President of the Republic;

2) Chairman of the Senate of Parliament;

3) Chairman of the Mazhilis of the Parliament;

4) Members of Parliament of at least one-fifth of their total number;

5) the Prime Minister;

6) the courts of the Republic;

7) state bodies and officials whose acts are constitutionally verifiable.

2. If necessary, participants in constitutional proceedings may have their representatives in the Constitutional Council, whose powers are formalized in accordance with the established procedure.

Footnote.Article 20 with the amendment introduced by the Constitutional Law of the Republic of Kazakhstan of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 21. Rights and Obligations of Participants of Constitutional Proceedings

            1. Participants of constitutional proceedings within the bounds of their authority shall enjoy equal procedural rights.

            2. Participants of constitutional proceedings shall have the following rights:

            1) to peruse materials of proceedings, to make extracts from them and to take photocopies;

            2) to submit evidences, participate in their investigation and to prove those circumstances to which they refer as the basis for their appeals and objections;

            3) to submit their arguments and thoughts on all the issues which emerge in the course of the constitutional proceedings to the Constitutional Council;

            4) file petitions and express their opinion on petitions filed;

            5) provide oral and written explanations to the Constitutional Council.

            3. A participant of constitutional proceedings shall:

            1) on whose appeal the constitutional proceedings are instituted, have the right prior to the beginning of the session of the Constitutional Council at which a final decision is to be adopted, to change the basis of the petition, increase or reduce its volume or repudiate the petition.

            2) have the right to recognize claims filed in the petition fully or partially or to object against them, with regard to acts on which constitutional proceedings are instituted.

            4. Participants of constitutional proceedings shall be obliged as follows:

            1) conscientiously exercise their rights. Report to the Constitutional Council deliberately false information or failure to file documents, materials and other information required by the Constitutional Council, shall be considered as disregard to the Constitutional Council and it shall entail liability in accordance with the law;

            2) respect the Constitution of the Republic, the Constitutional Council, its requirements, and procedures adopted by the Constitutional Council;

            3) obey ordinances of the Chairman with regard to compliance with the order at sessions.

 

Article 22. Form and Contents of Appeal to the Constitutional Council

1. Appeals to the Constitutional Council are submitted in writing.

2. The following should be indicated in the circulation:

1) the name of the Constitutional Council;

2) the name, location, address and other necessary information about the applicant;

3) the name, address and other details of the representative of the person applying and his / her powers, except for cases of representation by position;

3-1) the draft amendments and additions to the Constitution of the Republic, if the appeal raises the issue of giving an opinion in the case provided for in paragraph 3 of Article 91 of the Constitution;

4) the name, location and addresses of state bodies, officials who have signed or issued acts related to the conduct of the election of the President, deputies of the Parliament and the republican referendum, if the question is raised in the appeal about the correctness of their conduct;

5) the name, date of adoption of laws in the event that the appeal raises the issue of compliance of the Constitution of the Republic with laws adopted by Parliament;

5-1) the name, the date of adoption of the resolutions of the Parliament and its Chambers in the event that the question of compliance of the resolutions of the Parliament and its Chambers with the Constitution of the Republic is put in circulation;

6) the name, date and place of signing of the international treaties of the Republic, officials who signed them on behalf of the Republic of Kazakhstan or its state bodies, if the appeal raises the issue of compliance of the Constitution with international treaties of the Republic;

7) the norms of the Constitution of the Republic, on the official interpretation of which the issue is raised in circulation;

7-1) the name, number, date of adoption, sources of publication and other requisites of the law or other legal act in the event that the appeal raises the issue of considering an enacted law or other legal act to comply with the Constitution of the Republic;

8) the name, location and address of the state body, the official who signed or issued the act, the name, number, date of adoption, sources of publication and other requisites of the law or other normative legal act if the court submits the question of recognizing the act as unconstitutional, if the court finds that a law or other normative legal act subject to application infringes upon the rights and freedoms of a person and citizen enshrined in the Constitution;

9) the name, composition of the commission formed by the Parliament in accordance with clause 1 of Article 47 of the Constitution and its conclusion; name, date of adoption and maintenance of acts related to consideration by the Parliament of the issue of early release from office of the President of the Republic;

10) information on the number of deputies who initiated the question of dismissal of the President; information on the results of voting in the Chambers of Parliament; information on the results of the investigation of the charge brought against the President; information on the conclusion of the Supreme Court on the validity of the charges; name, date of adoption and maintenance of acts related to the consideration by Parliament of the question of dismissal of the President of the Republic;

11) the essence of the treatment;

12) other facts, circumstances and evidence that serve as the basis for the appeal and confirm its validity;

13) the norms of the Constitution of the Republic and this Constitutional Law, giving the right to appeal to the Constitutional Council;

14) list of attached documents.

3. Appeal must be signed by the proper subject.

4. The following shall be attached to the appeal:

1) copies of the texts of acts referred to by the subjects of treatment;

2) documents on the powers of the representative, except when the representation is exercised by office;

3) copies of the appeal and its attachments in the number of ten copies.

5. Documents translated from the language of the Constitutional proceedings must be accompanied by their translation into Kazakh or Russian.

Footnote. Article 22 as amended by the Constitutional Law of the Republic of Kazakhstan as of 17.06.2008 № 41-IV (see Article 2 for the procedure of enforcing); from 15.06.2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 23. Consequences of Appeal to the Constitutional Council

            In case of appeal to the Constitutional Council on the issues indicated in:

            1) subparagraph 1) of paragraph 1 of Article 72 of the Constitution, entry into office of the President, registration of elected deputies of the Parliament or summing up the results of the republican referendum shall be suspended;

            2) subparagraphs 2), 3) of paragraph 1 of Article 72 of the Constitution, the duration of the signing or ratification of the relevant acts is suspended;

            3) Article 78 of the Constitution, the proceedings on the case are suspended;

            4) subparagraph 10-1) of Article 44 of the Constitution, the operation of the legal act, with the exception of the constitutional law, the code and the law, may be suspended by the President of the Republic of Kazakhstan.

            Footnote. Article 23 with the amendment introduced by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 No. 75-VI (effective from the date of its first official publication).

 

Article 24. Terms of Consideration of Appeals by the Constitutional Council

            The Constitutional Council shall consider the appeal accepted for processing and it shall make final decision within one month from the date the appeal is received. This term may be reduced to ten days at the request of the President set forth in writing if the issue is urgent.

 

Article 25. Acceptance or Refusal to Accept an Appeal for Processing

            Received appeal shall be submitted by the Chairman of the Constitutional Council to the Constitutional Council for its consideration and its session shall be held within three days from the date of receiving the appeal. The Constitutional Council upon reviewing an appeal shall reject the acceptance of appeal for processing and return it if:

            1) the appeal does not comply with the form and contents of appeals as established by this Constitutional Law or it is initiated by inappropriate subjects;

            2) the subject matter of the appeal is not within the jurisdiction of the Constitutional Council;

            3) constitutional legitimacy of the issue indicated in the appeal has already been reviewed by the Constitutional Council and a valid decision of the Constitutional Council exists;

            4) issue indicated in the appeal is not settled by the Constitution;

            5) the act constitutional legitimacy of which is challenged was abolished or became invalid.

 

Article 26. The Procedure for Preparation of Materials for Consideration of Appeal Accepted for Processing at a Session of the Constitutional Council

            1. The Chairman of the Constitutional Council by his ordinance shall define a member of the Constitutional Council who carries out preparation of materials for the session of the Constitutional Council. Due to a special complexity of received appeal or its exceptional significance of urgency the preparation of materials may be entrusted to several members of the Constitutional Council.

            2. When several associated appeals are submitted to the Constitutional Council the Constitutional Council may take a decision on their unification into one constitutional proceeding. When deciding on the issue of accepting for processing of several associated appeals amongst which some are in the jurisdiction of the Constitutional Council and other - in the jurisdiction of other state bodies, power only those appeals shall be subject to consideration which are in the jurisdiction of the Constitutional Council.

            3. With regard to appeal which accepted for the proceeding the member of the Constitutional Council within the deadline established by the Chairman shall be obliged to prepare materials to consideration at the session of the Constitutional Council. For these purposes he shall:

            1) define the participants of the constitutional proceedings, explain to them their rights and obligations as provided by this Constitutional Law;

            2) obtain the documents and other information relating to the subject matter of appeal;

            3) where appropriate inquire relevant officials, engage scientists, practitioners as specialists as well as experts and entrust to them to performance of reviews, research and expert evaluation;

            4) no later than two days prior the beginning of a session shall hand copies of materials to the Constitutional Council members;

            5) prepare draft decision of the Constitutional Council;

            6) perform any other functions to provide appropriate handling of appeals.

            4. After the completion of preparatory work the Chairman of the Constitutional Council by his ordinance shall define the date for the session of the Constitutional Council where issues of the appeal will be considered.

 

Article 27. The Procedure for Holding the Sessions of the Constitutional Council With Regard to Consideration of Appeal Accepted for Processing

1. The consideration of appeals by the Constitutional Council is carried out in the meeting under the representation of the Chairman of the Constitutional Council.

2. At the appointed time, the President:

1) is certified in the presence of sufficient for the conduct of the meeting the number of members of the Constitutional Council and the security of recording;

2) declares the meeting of the Constitutional Council open;

3) read out the questions to be considered;

4) give the floor to a member of the Constitutional Council - a reporter for reporting on the presence of summoned participants in the meeting, experts, experts and the reasons for absenteeism;

5) is excluded by the Constitutional Law of the Republic of Kazakhstan June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication);

6) interrogates the meeting participants about the existence of their petitions, puts them for the approval of the Constitutional Council;

7) announces the beginning of consideration of issues to be considered.

3. The consideration of each issue begins with a speech by a member of the Constitutional Council, the rapporteur, presenting the substance of the matter, the reason and grounds for its consideration, the content of the available materials. Members of the Constitutional Council have the right to ask him clarifying questions.

4. The subjects of the appeal, as well as representatives of state bodies and officials (their representatives), the constitutionality of acts and actions of which, as well as compliance with constitutional procedures, are checked, if necessary, at their own request or at the request of the Constitutional Council, may participate in the session of the Constitutional Council , where the appeal received for production is considered. If necessary, explanations and speeches of participants in constitutional proceedings, experts, specialists and other invited persons can be heard.

5. If the matter is sufficiently clarified, the Chairman announces the opening of a meeting of the members of the Constitutional Council to work out the final decision. During the meeting, the presence of unauthorized persons is not allowed. Disclosure of judgments that took place during the meeting, the course and results of voting is prohibited. During the meeting, members of the Constitutional Council can freely express their own position on the issue under consideration and ask other members of the Constitutional Council to clarify their positions.

Footnote. Article 27 with the amendment introduced by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 28. Minutes of the Constitutional Council Sessions

            1. Session of the Constitutional Council shall be recorded and where appropriate be shorthand.

            2. Minutes of the sessions of the Constitutional Council shall be kept in the language of constitutional proceedings.

            3. The procedure for keeping meetings of the Constitutional Council sessions, the requirements applicable to its contents as well as other issues of compiling minutes of the sessions of the Constitutional Council shall be defined by the Chairman of the Constitutional Council.

 

Article 29. The Language of Constitutional Proceedings

            1. Constitutional proceedings shall be carried out and the decisions adopted by the Constitutional Council shall be in the Kazakh language or in the Russian language.

            2. Participants of constitutional proceedings who do not speak the language of the constitutional proceedings shall be provided by the Constitutional Council with translation into their native language or the language which they know.

 

Article 30. Termination of the Constitutional Proceeding

            1. Constitutional proceeding shall be subject to termination at any stage but prior to the passing of final decision on the following cases:

            1) the refusal of the subject from filed appeal;

            2) abolition or loss of legal force of the act which constitutional legitimacy is challenged;

            3) appeal filed to the Constitutional Council is not in the jurisdiction of the Council.

            2. A decision of the Constitutional Council to terminate constitutional proceedings on filed appeal shall deprive entities of appeal of the possibility to re-apply to the Constitutional Council on the same issues.

 

  1. Chapter

 

The Decisions of the Constitutional Council of the Republic

 

Article 31.s of Decisions of the Constitutional Council

            1. Any act which is adopted at the session of the Constitutional Council shall be a decision of the Constitutional Council.

            2. The decisions of the Constitutional Council shall be subdivided into final decisions by which the constitutional powers of the Constitutional Council are administered and other decisions which exercise other powers of the Constitutional Council.

 

Article 32. The Form of Decisions of the Constitutional Council

            The decisions of the Constitutional Council shall be taken in the following forms:

            1) decrees, including regulatory decrees which are a constituent part of the current law of the Republic of Kazakhstan;

            2) reports;

            3) messages.

 

Article 33. Adoption of Decisions by the Constitutional Council

            1. The Constitutional Council shall have collective decision-making.

            2. The Constitutional Council shall take decisions by majority of votes of the total number of its members by open ballot and on demand of at least one member - by secret ballot.

            3. In case of equal split of votes when adopting a decision of the Constitutional Council members, the vote of the Chairman of the Constitutional Council who in any cases gives his vote the last shall be the casting vote. When the Chairman of the Constitutional Council is substituted in accordance with his authorization by appropriate member of the Constitutional Council this rule shall not apply. In this case another voting shall take place with the participation of the Chairman or a member of the Constitutional Council who was not present at the first voting.

            4. During the session of the Constitutional Council none of its members who participate in its session shall have the right to abstain or not participate in the voting.

            5. The decision adopted by the Constitutional Council prior to the time when they are signed by the Chairman shall first be attested by the signatures of the Constitutional Council members who participated in the voting.

 

Article 34. A Different Opinion of a Constitutional Council Member

            A member of the Constitutional Council who disagrees with its final decision shall have the right to have his opinion and to outline it in writing.

 

Article 35. Additional Decision of the Constitutional Council

1. The Constitutional Council makes additional decisions in cases when:

1) the question of interpreting the decision of the Constitutional Council is raised. In this case, an additional decision is taken at the request of the participants in the constitutional proceedings or of state bodies and officials obliged to execute the final decision of the Constitutional Council;

2) it is necessary to correct inaccuracies and editorial errors admitted in the decision of the Constitutional Council. In this case, the additional decision is made by the Constitutional Council on its own initiative.

2. An additional decision must not contradict the actual content, meaning and purpose of the decision of the Constitutional Council.

3. An additional decision is taken by the Constitutional Council in a meeting, the procedure for carrying out which is determined by the regulations of the Constitutional Council.

Footnote. Article 35 as amended by the Constitutional Law of the Republic of Kazakhstan as of 17.06.2008 № 41-IV (see Article 2 for the procedure of enforcing).

 

Article 36. Revision of Decisions of the Constitutional Council

1. The decision of the Constitutional Council may be reviewed by it on the initiative of the President of the Republic of Kazakhstan or on his own initiative in cases where:

1) the norm of the Constitution has changed, on the basis of which a decision was taken;

2) new circumstances important for the subject of circulation were opened.

2. In the interests of protecting human and civil rights and freedoms, ensuring national security, sovereignty and integrity of the state, the decision of the Constitutional Council is subject to revision on the initiative of the First President of the Republic of Kazakhstan - Elbasy.

3. On reviewing the decision, the Constitutional Council shall issue a resolution, which repeals this decision.

4. In case of revision of the final decision, the Chairman of the Constitutional Council determines by his order the date and procedure for holding a new meeting on this issue.

Footnote. Article 36 in the version of the Constitutional Law of the Republic of Kazakhstan as of 17.06.2008 № 41-IV (see Article 2 for the procedure of enforcing); with the amendment introduced by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 37. Contents of the Final Decision of the Constitutional Council

The final decision of the Constitutional Council should specify:

1) the name, date and place of its issuance;

2) the composition of the Constitutional Council that issued it;

3) subjects of circulation and their representatives;

4) the subject of treatment;

5) the norms of the Constitution and this Constitutional Law, which establish the right of the Constitutional Council to consider the appeal applied for production;

6) circumstances established by the Constitutional Council;

7) the name of the act, the constitutionality of which was checked, indicating the source of its publication or receipt;

8) decision of an official whose constitutionality has been verified;

9) plots, districts, administrative-territorial units, the correctness of the conduct of the election of the President, deputies of the Parliament or the republican referendum, which was checked;

10) the content of the norm (norms) of the Constitution, which has been subjected to official interpretation;

10-1) the content of the amendments and additions to the Constitution, considered by the Constitutional Council in connection with the appeal in accordance with the procedure provided for by subparagraph 10-1) of Article 44 of the Constitution;

11) the procedures established by paragraphs 1, 2 of Article 47 of the Constitution, compliance with which was verified;

12) the arguments in favor of the decision to which the Constitutional Council came;

13) the norms of the Constitution, which guided the Constitutional Council;

14) the formulation of the decision;

15) the procedure and deadline for the execution and publication of the decision;

16) the finality of the solution.

Footnote. Article 37 as amended by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 38. The Legal Force of the Decision of the Constitutional Council

1. The final decision of the Constitutional Council shall come into force from the day of its adoption, shall be binding on the entire territory of the Republic, final and not subject to appeal. The procedure for the entry into force of other decisions is determined by the Constitutional Council.

2. Excluded by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (effective from the date of its first official publication).

3. Excluded by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (effective from the date of its first official publication).

Footnote. Article 38 as amended by the Constitutional Law of the Republic of Kazakhstan as of 17.06.2008 № 41-IV (see Article 2 for the procedure of enforcing); from 15.06.2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 39. The Consequences of Adoption of Final Decisions of the Constitutional Council

Footnote. The heading of Article 39 has been amended in Kazakh language, the title in Russian language does not change in accordance with the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

1. Laws and international treaties of the Republic recognized as not in accordance with the Constitution can not be signed or ratified and accordingly put into effect. Recognition of laws in accordance with the Constitution resumes the duration of their signing. Recognition of the international treaties of the Republic with the relevant Constitution renews the process of their ratification.

1-1. Amendments and additions to the Constitution of the Republic recognized as not meeting the requirements established by paragraph 2 of Article 91 of the Constitution of the Republic can not be submitted to a republican referendum or to the Parliament of the Republic.

2. Laws and other legal acts recognized as unconstitutional, including those infringing upon the rights and freedoms of a person and citizen enshrined in the Constitution, lose legal force, are not subject to application and are canceled. The decision of the courts and other law enforcement agencies, based on such a law or other legal act, is not subject to execution.

3. Elections of the President of the Republic recognized as not in accordance with the Constitution shall be declared invalid by the decision of the Central Election Commission at the respective polling stations (administrative-territorial units). Recognition of presidential elections in accordance with the Constitution entails registration of the elected President of the Republic.

4. Elections of deputies of the Senate and Majilis of the Parliament, recognized as not in accordance with the Constitution, are declared invalid by the decision of the Central Election Commission in the respective administrative-territorial units and constituencies. Recognition of elections of deputies of the Senate and Majilis of the Parliament in accordance with the Constitution entails registration of elected deputies.

5. The results of the republican referendum recognized as not in accordance with the Constitution, the decision of the Central Referendum Commission at the relevant polling stations (administrative-territorial units) are recognized as invalid. Recognition of the referendum held in accordance with the Constitution entails the resumption of summing up the results of the referendum.

6. The conclusion on non-observance of the established constitutional procedures before the adoption by the Parliament in accordance with paragraphs 1 and 2 of Article 47 of the Constitution, respectively, of the decision on early release from office, the final decision on the dismissal of the President of the Republic entails termination of consideration of the issue, respectively, on early release from office and on the dismissal of the President. The conclusion on observance of the established constitutional procedures entails continuing consideration of the issue, respectively, on the early dismissal of the President of the Republic, on the dismissal of the President of the Republic.

Footnote. Article 39 as amended by the Constitutional Law of the Republic of Kazakhstan as of 17.06.2008 № 41-IV (see Article 2 for the procedure of enforcing); from 15.06.2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 40. Execution of Decisions of the Constitutional Council

            1. The Constitutional Council may define the procedures and term of execution of decisions adopted by it.

            In case if the decision of the Constitutional Council shall demand to increase in the state expenditure or reduction of public revenues, the Constitutional Council determines terms of execution of the decisions accepted by it as agreed with the Government of the Republic of Kazakhstan.

            2. The state bodies and officials within the deadlines established by the Constitutional Council shall notify the Constitutional Council on the measures adopted to execute its decisions.

            3. Recommendations and offers on perfection of the legislation contained in decisions of the Constitutional Council shall subject to obligatory consideration by the authorized state bodies and officials with the obligatory notice of the Constitutional Council on the accepted decision.

Footnote. Article 40 as amended by the Constitutional Law of the Republic of Kazakhstan N 41-IV dated 17.06.2008 (see Article 2 for the procedure of enforcing).

 

Article 41. Mailing and Publishing Decisions of the Constitutional Council

            1. The final decision of the Constitutional Council shall be:

            1) mailed in two weeks after the adoption of the decision to entities established by the Constitution, petitions or their representatives as well as in all cases to the President, the Chairman of the Parliament, the Supreme Court, the Prosecutor General, the Minister of Justice of the Republic of Kazakhstan;

            2) published in the Kazakh and the Russian languages in the official national newspapers.

            2. Other decisions where appropriate shall be published and forwarded to the relevant state bodies and officials in the cases and in accordance with the procedure as established by the Rules of the Constitutional Council.

 

  1. Chapter

 

Concluding and Transitional Provisions

 

Article 42. Financing of the activities of the Constitutional Council

Financing of the activities of the Constitutional Council and its staff is carried out at the expense of the republican budget.

Footnote. Article 42 as amended by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 43. Staff of the Constitutional Council

The staff of the Constitutional Council is a state body that performs information-reference, scientific-advisory and other auxiliary work.

The staff of the Constitutional Council is a legal entity in the organizational and legal form of a state institution.

The activity of the staff of the Constitutional Council is regulated by the legislation of the Republic of Kazakhstan, the Regulations of the Constitutional Council and the Regulations on the Staff of the Constitutional Council.

Employees of the Constitutional Council staff are civil servants.

Footnote. Article 43 as amended by the Constitutional Law of the Republic of Kazakhstan as of June 15, 2017 № 75-VI (shall be enforced from the date of its first official publication).

 

Article 44. Symbols and the Seal of the Constitutional Council

            1. On the building of the Constitutional Council, the National flag of the Republic of Kazakhstan shall be hung.

            2. In the room where the sessions of the Constitutional Council take place the State symbol of the Republic of Kazakhstan, the State flag of the Republic of Kazakhstan and the Constitution of the Republic of Kazakhstan shall be placed.

            3. In the office of the Chairman of the Constitutional Council shall be the State flag of the Republic of Kazakhstan.

            4. The Constitutional Council shall have a seal with the picture of the State symbol of the Republic of Kazakhstan and its name.

 

Article 45. Identification Documents of the Chairman and the Members of the Constitutional Council

            The Chairman and the members of the Constitutional Council shall be granted identification documents in accordance with the established proforma and signed by the President of the Republic.

 

Article 46. The Procedure for the Formation and Period of Power of the First Membership of the Constitutional Council

            The procedure for the formation and period of power of the first membership of the Constitutional Council shall be determined by Article 97 of the Constitution of the Republic.

 

Article 47. Entering into Force and Implementation of this Constitutional Law

            This Decree shall:

            1) be enforced from the moment of its publication;

            2) apply to disputes and legal relations which emerge after its entering into force.

 

The President

of the Republic of Kazakhstan

Constitutional Council of the Republic of Kazakhstan © 2012

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